MacGregor’s Custom Machining Limited v. Sanikiluaq Development Corporation

MacGregor’s Custom Machining Limited v. Sanikiluaq Development Corporation

The court exercised its discretion to permit the plaintiff to move to amend the Statement of Claim before a formal order issued, finding no bad faith or irreparable prejudice and applying appellate guidance that amendments should be allowed with costs rather than dismissal absent exceptional circumstances; the court awarded indemnity-scale costs to defendants of $3,500 inclusive and ordered procedural steps for filing proposed amendments.

Citation
2021 NSSC 159
Parties
Plaintiff: MACGREGOR’S CUSTOM MACHINING LIMITED (operating as MACGREGOR’S INDUSTRIAL GROUP); Defendant: SANIKILUAQ DEVELOPMENT CORPORATION; Defendant: DARYL DIBBLEE
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 May 2021
Procedural Posture
Civil Summary Judgment on Pleadings / Motion for Leave to File Motion to Amend (by Correspondence) Decided Before Issuance of Formal Order
Outcome
Plaintiff granted leave to move to amend the Statement of Claim; no dismissal order will be issued; costs awarded to defendants in the amount of $3,500 inclusive of disbursements payable forthwith.
Legal Topics
Summary Judgment on Pleadings, Amendment of Pleadings, Functus Officio, Judicial Discretion, Costs Awards
Source Language
English
Civil Procedure Pleadings Costs Summary Judgment on Pleadings Amendment of Pleadings Functus Officio Judicial Discretion Costs Awards

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Parties

MACGREGOR’S CUSTOM MACHINING LIMITED (operating as MACGREGOR’S INDUSTRIAL GROUP)

Plaintiff

SANIKILUAQ DEVELOPMENT CORPORATION

Defendant

DARYL DIBBLEE

Defendant

Procedural Posture

Civil Summary Judgment on Pleadings / Motion for Leave to File Motion to Amend (by Correspondence) Decided Before Issuance of Formal Order

Legal Issues

  1. 1 Whether the court retains jurisdiction to permit an amendment after reasons are released but before the formal order is issued
  2. 2 Whether the plaintiff, having not proposed a specific amendment or sought an adjournment, should be permitted to move to amend
  3. 3 Whether costs should be awarded for the additional proceedings and appropriate quantum

Ratio Decidendi

The court exercised its discretion to permit the plaintiff to move to amend the Statement of Claim before a formal order issued, finding no bad faith or irreparable prejudice and applying appellate guidance that amendments should be allowed with costs rather than dismissal absent exceptional circumstances; the court awarded indemnity-scale costs to defendants of $3,500 inclusive and ordered procedural steps for filing proposed amendments.

Court Disposition

Plaintiff granted leave to move to amend the Statement of Claim; no dismissal order will be issued; costs awarded to defendants in the amount of $3,500 inclusive of disbursements payable forthwith.

Orders

  • Plaintiff permitted to bring a motion to amend the Statement of Claim
  • No order for dismissal will be issued arising from the earlier Decision